What to do if my friend won a judgment against a landlord who refused to return a deposit.but the landlord then filed for bankruptcy?

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What to do if my friend won a judgment against a landlord who refused to return a deposit.but the landlord then filed for bankruptcy?

However, the defendant filed Chapter 11 bankruptcy a few years before this case and entered it a few years after this case. If so, wouldn’t it appear that the defendant knew she could take the deposit and never need to pay it back, under the auspices of Chapter 11? Is there any term for this or repercussions?

Asked on November 20, 2012 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your friend needs to file a creditor's claim with respect to the judgment he has against the landlord with respect to the bankruptcy matter that you have written about so as to possibly get some payment for what is due from the bankruptcy trustee. If the bankruptcy was filed before the claim arose then the bankruptcy should not be able to discharge the judgment your friend has against the landlord. I suggest that your friend consult with a bankruptcy attorney for assistance.


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